Rural Employers’ Information Pathwayfor Hiring Temporary Foreign Workers in Manitoba

September 2010

DevelopersAnisa Zehtab-MartinJill BucklaschukWm. (Bill) Ashton

Rural Employer Information Pathway for Hiring Temporary Foreign Works in Manitoba 2

Introduction 3

Agencies, Terminology and Acronyms 5

Step 1: Confirm Labour Market Shortage: Recruit Canadian Citizens and/or Permanent Residents 7

Step 2: Register your Business with the Manitoba Employment Standards Division 9

Step 3: Recruit Temporary Foreign Workers 11

Step 4: Apply for a Labour Market Opinion (LMO) from Service Canada 13

Step 5: Temporary Foreign Worker Applies for a Temporary Work Permit and Visa (if applicable) 16

Step 6: Temporary Foreign Worker Enters Canada 18

Step 7: Welcome and Settle Employees 20

From Temporary Foreign Workers to Permanent Residents in Manitoba 22

Appendix A: Hiring Temporary Foreign Workers Process Flowchart 23

Appendix B: Summary of Employer Responsibilities 24

Table of Contents

This is not a legal document. For legal information, consult the Immigration and Refugee Protection Act, Worker Recruitment and Protection Act, and Regulations.

Hyperlinks to Websites are provided for information purposes and were active as of July 1, 2010.

This pathway was designed for employers hiring temporary foreign workers. In consultation with selected small rural employers in western Manitoba, the feedback was that the information pathway seemed more applicable to low-skilled temporary foreign workers.

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Rural Employer Information Pathway for Hiring Temporary Foreign Works in Manitoba 3

Who is this employer pathway intended for?

This pathway is intended for rural employers interested in attracting labour. The information compiled within this document was designed for small and medium-sized enterprises (1-199 full-time employees1) within rural and northern Manitoba. This document is designed to be used electronically. To utilize the employer pathway efficiently, employers should have access to a computer with an Internet connection.

The process of hiring foreign workers is not linear in nature as each rural employer’s situation and needs are unique. Therefore, it must be noted that not all information will be applicable to all rural employers (see Appendix A).

What is the purpose of this employer pathway?

This pathway is intended for rural employers looking for labour outside of Canada. It is designed to assist rural employers with this process by providing an overview and navigating the complexity of the process. The rural employer pathway is one resource designed to direct rural employers to the required resources and materials. It must be noted that this employer pathway is not a legal document or substitute for guidance from various government agencies and immigration professionals. Furthermore, the information in this document is subject to change as the immigration process is governed by different policies and regulations which evolve over time. Therefore, the purpose of this rural employer pathway is to provide an overview of the processes that can be undertaken by rural employers and to help navigate the information on hiring immigrants and foreign workers.

What is included in this rural employer pathway?

The various sections within the rural employer pathway illustrate the different and complex steps taken to hire foreign workers. The document provides information on 7 steps involved in hiring temporary foreign workers. Within each step you will be provided with information on why each step is required, how to go about completing each step, the required result to carry on with the process, agencies and individuals involved within the step, and tips. The pathway is summarized in Appendix B.

i (Statistics Canada, 2010. Rural and Small Town Canada Analysis Bulletin. Volume 8, No. 3).

Introduction

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Rural Employer Information Pathway for Hiring Temporary Foreign Works in Manitoba 4

How did the rural employer pathway come about?

From 2007-2009, the Rural Development Institute explored the impact of temporary foreign workers on the demographics of Brandon and the community’s ability to absorb and support newcomers. These foundational projects provided the impetus for the development of dialogue groups and networks that resulted in gathering information on what contributed to and constituted a welcoming community.

The current objective of the Welcoming Communities project is to delve into rural areas of southwestern Manitoba as they have also recently experienced an influx of immigrants. New regional collaborative groups are forming as a means of collective problem solving within this recent era of immigration. Communities across southwestern Manitoba are beginning to establish welcoming strategies and processes that include inviting, settling and retaining immigrants.

Provincial Nominee Program

The last section of the rural employers’ pathway provides some information for employers interested in permanently hiring a temporary foreign worker. The process of hiring potential employees and providing permanent resident status in Manitoba is a possible route employers can help participate in by applying to the Manitoba Provincial Nominee Program. For more information consult the Manitoba Labour and Immigration website.

Acknowledgements

We wish to acknowledge the Government of Canada’s Rural Secretariat for contributing funding to RDI’s rural immigration project, “Building Welcoming Communities: A multi-sector regional collaborative approach to rural immigration, 2009 – 2010”. This employer pathway is an initiative of that project.

We would like to thank representatives of the province of Manitoba’s Manitoba Agriculture, Food and Rural Initiatives and Manitoba Labour and Immigration and the government of Canada’s Service Canada and Citizenship and Immigration Canada for providing critical reviews and edits of the content of this document.

We sincerely thank employers in western Manitoba who were interviewed by RDI and who provided feedback on the content of the employer pathway.

Introduction

Rural Employer Information Pathway for Hiring Temporary Foreign Works in Manitoba 5

This rural employer pathway contains acronyms throughout the document. The following is a list of acronyms and the federal and provincial government agencies involved to help you become more familiar with the world of immigration.

Federal Government Agencies

• Canada Border Services Agency (CBSA) officers are involved in examining foreign nationals at ports of entry (border crossings and airports) to Canada in order to determine the admissibility of workers and others into Canada.

• Canada Revenue Agency (CRA) administers various social and economic benefit and incentive programs delivered through the tax system.

• Citizenship and Immigration Canada (CIC) processes applications for work permits outside of Canada to determine who is eligible to work in the country and whether foreign workers can enter or stay in Canada. CIC also processes applications for extension of work permits.

• Foreign Affairs and International Trade Canada (DFAIT) works with a range of partners to achieve increased economic opportunity and enhance security for Canada and Canadians at home and abroad. Canadian government offices abroad provide a variety of services, including consular services. The different office types include: embassies, high commission, and consulates.

• Human Resources and Skills Development Canada (HRSDC) assesses the impacts of foreign workers on the labour market and provide a labour market opinion (LMO) at the request of an employer who is looking to hire a foreign worker.

• Service Canada (SC) is responsible for delivering various government services and programs such as the Canada Job Bank and a social insurance number. Service Canada is the service delivery arm of Human Resources and Skills Development Canada.

• Temporary Foreign Workers Units (TFWU) of Citizenship and Immigration Canada help to assist employers seeking foreign workers with the immigration process that are exempt from the LMO process.

Provincial Government Agencies

• Manitoba Labour and Immigration (LIM) is the provincial department responsible for labour relations, employment standards, workplace safety and health, immigration, public safety, Manitobans with disabilities, employment pensions and women’s issues.

• Manitoba Employment Standards Division (ESD) is responsible for informing employees and employers about their rights and responsibilities in the workplace.

• Manitoba Health (MH) is the provincial department that oversees health care services available to Manitobans.

Agencies, Terminology and Acronyms

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Acronyms

• CBSA Canada Border Services Agency

• CRA Canada Revenue Agency

• CJB Canada Job Bank

• CIC Citizenship and Immigration Canada

• DFAIT Foreign Affairs and International Trade Canada

• MESD Manitoba Employment Standards Division

• HRSDC Human Resource and Skills Development Canada

• LMO Labour Market Opinion

• LIM Manitoba Labour and Immigration

• MH Manitoba Health

• MPNP Manitoba Provincial Nominee Program

• NOC National Occupational Category

• SC Service Canada

• TFWP Temporary Foreign Worker Programme

• TFWU Temporary Foreign Worker Unit

• WRAPA Worker Recruitment and Protection Act

Agencies, Terminology and Acronyms

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Why:

• ToverifynoCanadiancitizensorpermanentresidentsareeligibleandavailableforemployment.

• Step1isanessentialsteptocompleteothersteps

Who is involved in this step?

• Service Canada

• Canada Revenue Agency

Duration:

• Aminimumof14days.HumanResourcesandSkillsDevelopmentCanada(HRSDC)requires employers post job on Canada Job Bank. See HRSDC website for updates: http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/communications/advertrecrutment.shtml

Actions:

• Obtain(ifyoudonotalreadyhaveone)abusinessnumberfromCanada Revenue Agency (CRA).

• Youwillneeda15-digitCRApayrolldeductionaccounttopostajobontheCanadaJobBank.

• Prepareapositiondescription.HRSDChascreatedahandbook for smaller businesses that explains how to write a job description. The National Occupational Classification (NOC) can help you when advertising a job. The NOC is the reliable resource on occupational information in Canada. This classification is used to understand the jobs found through Canada’s labour market.

• PostthepositiononService Canada’s Canada Job Bank. Posting a position is free and can be accessed at: http://jobbank.hrdc-drhc.gc.ca/

• Keepacopyandalogofyourpostingsandadvertisementsaswellastheapplicantsthathavenotbeenaccepted for 2 years as Service Canada may contact you to verify your efforts (See HRSDC website for updates). 2

• Employersmustdemonstratethefollowingactionsinordertosuccessfullycompleteall7stepsoftheEmployer Pathway:

• EffortstorecruitCanadians/permanentresidentsbyprovidingtheTFWP minimum advertising requirements required from Service Canada;

2 http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/communications/advertrecrutment.shtml

Confirm Labour Market Shortage: Recruit Canadian Citizens and/or Permanent ResidentsStep 1

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• Wages being offered are consistent with the prevailing wage rate paid to Canadians in the same occupation in the region. This is a barrier many employers experience when they try and apply for an LMO;

• Workingconditionsmeetthecurrentprovinciallabourmarketstandards

Result:

• NoqualifiedCanadianand/orpermanentresidentapplicantsfoundfortheposition.

Tips:

• Step1(RecruitCanadiansand/orpermanentresidents)andStep2(Registeryourbusiness)canbedoneconcurrently.

• Manitoba Labour and Immigration has a network of immigrant services to help rural employers to find the right employees with the skills you need within Canada.

• Alistofregionalsettlementandemploymentservicesfornewcomerscanbefoundat: http://www2.immigratemanitoba.com/browse/serviceproviders/agencies/agencies-job.html

• NOChandbookforsmallerbusinesses: http://www5.hrsdc.gc.ca/NOC/English/NOC/2006/pdf/JobDescriptions.pdf

• MakesuretofollowtheTFWP minimum advertising requirements as outlined by Service Canada, or you may have to re-advertise. This is a common barrier experienced by many employers when applying for a Labour Market Opinion (LMO) (Step 4).

Want to know more?

• MinimumadvertisementrequirementsforemployerspostingjobsonCanadaJobBank-HumanResourcesand Skills Development Canada: http://www.rhdcc-hrsdc.gc.ca/eng/workplaceskills/foreign_workers/communications/advertrecrutment.shtml

• Thiswebsiteprovidesbusinesseswiththetoolsandresourcesneededtobetterrecruit,retain,andpromoteskilled immigrants: www.hireimmigrants.ca

• ManitobaLabourandImmigrationhasdevelopedaguidebookforemployersrecruitingTFWs: http://www2.immigratemanitoba.com/asset_library/en/employers/emp_tfw.pdf.

Step 1: Confirm Labour Market Shortage: Recruit Canadian Citizens and/or Permanent Residents

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Reminder:

This step can be completed concurrently with Step 1.

Why:

• YouarelegallyrequiredtoregisteryourbusinesswithManitobaEmploymentStandardsDivisionundertheWork Recruitment and Protection Act.

• Toensurethattherightsofforeignworkersareprotectedfromunscrupulousemployersandrecruitmentagencies, as legislated in the Worker Recruitment and Protection Act.

Who is involved in this step?

• Manitoba Employment Standards Division

• WorkerRecruitmentandProtectionAct.

• Manitoba Labour and Immigration

• AlistofregisteredrecruitmentagenciescanbefoundonManitobaLabourandImmigrationwebsite.

Duration:

• Ittakesapproximately1-2weeksforESDtoprovideconfirmationregardingyourcertificateofregistration.

Actions:

• CompletetheregistrationforWRAPAonlineorthroughthemail.Therearenofeesassociatedwiththisapplication.

• ClickonthelinktoaccessthePDF: http://www.gov.mb.ca/labour/standards/asset_library/forms/wrapa_er_registratiion_app.pdf

Results:

• IftheWRAPAcertificateofregistrationissuccessfulyouwillreceiveacertificateofregistrationbymail.TheWRAPA certificate of registration allows you to recruit potential applicants (See Step 3).

• ThecertificateofregistrationismailedtoemployersthroughCanadaPostwhichmayextendthedeliverytime.

• Ifyourapplicationisnotsuccessfulthereareopportunitiestore-apply.MESBwillworkwithyoutoimproveelements of your application.

Register Your Business with the Manitoba Employment Standards DivisionStep 2

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Tips:

• TheWRAPAcertificateexpiresafter6months.

• Onceyouhavereceivedyourcertificateofregistrationandtheforeignworkerhasarrived,youaretoreportback to ESD the following information: name of foreign worker; address and phone number of the foreign worker; the foreign workers job title and the work location.

• IfyouareplanningtohirearecruitmentagenttheymusthavealicencefromtheEmploymentStandardsDivision.

• Recruitmentagencieslicensedbytheprovincecanbehiredtofindworkersforyou. Youcanfindalistoflicensedrecruitmentagenciesat: http://www.gov.mb.ca/labour/standards/asset_library/pdf/wrapa_valid_licensees.pdf

Want to know more?

• EmployerRegistrationInformationFactSheet-ManitobaLabourandImmigration: http://www.gov.mb.ca/labour/standards/doc,wrpa-registration_info,factsheet.html

• InformationonManitoba’sWRAPA-HumanResourcesandSkillsDevelopmentCanada: http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/questions-answers/manitoba.shtml

Step 2: Register Your Business with the Manitoba Employment Standards Division

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Reminder

• Thisisnotahiringstep.Takethissteptoscreenandinterviewpotentialemployees.

• TheWRAPAcertificateexpiresafter6months,soyouneedtoactquickly.

Why:

• BeginscreeningapplicationsandinterviewingTFWsthatmeetyourworkplaceneeds.

• Thisisanessentialsteptocompleteapplicationsinthefollowingsteps.

Who is involved in this step?

• Employers

• Manitoba Labour and Immigration

• RecruitingAgency(optional–thereisafeeforservice)

Duration:

• Thedurationwillvarybasedonwhetheryouhavehiredarecruitingagencyorwillberecruitingworkersyourself.

Actions:

• Choosehowtoproceedwithrecruitment:

1. Recruit on your own

• Followyourusualrecruitingpoliciesandprocesses.

• RecruitaTFWonyourowntoavoidpayingarecruitmentagency.

• Choosethismethodifyouarefamiliarwithaforeigncountryyouwouldliketorecruitfromorifyouhave connections with a foreign worker.

• Advertisejobsinforeignmediaifyouarefamiliarwithanothercountry.Youcantravelandconductinterviews with potential candidates.

• CheckwithcurrentTFWemployees.Theymaysuggestsomefamilyorfriends.

• Developand/orenhanceyourbusinesswebpresenceforapplications.

• Participateininternationaljobfairs

Recruit Temporary Foreign WorkersStep 3

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2. Participate in international labour mobility agreements

• Agovernmentagencyineachcountryidentifiespotentialcandidatestoyouforfree.Thisisbasedon the position descriptions and required skills sets you submit. These agreements are in consensus with WRAPA as the TFW are not charged recruitment fees.

• TheGovernmentofManitobahasestablishedrelationshipswithBelgium, France, Germany, Iceland, Mexico, Philippines, and Ukraine to offer employers efficient, ethical and cost-effective ways to identify and select TFW: http://www2.immigratemanitoba.com/browse/employers/recruit_tfw_through_agreements.html

• Thecurrentwebpagedoesnotincludeallofthepossiblecountriesinvolved.Ifyouexpressinterestin pursuing recruitment through an International Mobility agreement you will receive assistance with the process.

3. Use a recruitment agency - optional

• Hireaforeignworkerrecruiteroragencytofindthepotentialemployeesforyou.Dotheduediligence: ensure that the agency or recruiter is licensed, because the employer is liable for any illegal actions made to the employee. ESD must license all Canadian-based foreign worker recruitment agencies operating in Manitoba: www.gov.mb.ca/labour/standards/asset_library/pdf/wrapa_valid_licensees.pdf

• Signacontractwiththerecruitersothatyouarebothawareofyourroles,responsibilities,servicesto be provided and associated fees;

• Follow-upwiththerecruitmentagencytodeterminewhatstageoftheprocessyouareatandwhenthe workers are expected to arrive.

Results:

• PotentialemployeesareidentifiedfortheLMOapplication(Step4).

Tips:

• Decidingonthecountriesisanimportantdecision,youshouldconsiderthefollowing:

• language

• trainingandcertification(ifapplicable);

• Visarequirements.Employeesfromsomecountrieswillrequireavisa.Alistofthesecountriescanbefound on the CIC website: http://www.cic.gc.ca/english/visit/visas.asp

Want to know more?

• Alistofoccupationswithspecialprocessesforhiring-HRSDC: http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/occspec.shtml

• AssessingForeignCredentials-CanadianInformationCentreforInternationalCredentials:http://www.cicic.ca/

• Guidetohiringforeignworkers-HRSDC: http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/temp_workers.shtml

Step 3: Recruit Temporary Foreign Workers

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Reminder:

• Demonstrate:

• effortstorecruitCanadians/permanentresidentsbymeetingtheTFWP minimum advertising requirements required from Service Canada (Step 1)

• wages being offered are consistent with the prevailing wage rate paid to Canadians in the same occupation in the region. This is a barrier many employers experience when they try and apply for an LMO

• workingconditionsmeetthecurrentprovinciallabourmarketstandards

• whetheremploymentoftheTFWislikelytofillalabourshortage

• employmentoftheTFWprovidesbenefitstothelabourmarket,and

• noadverseaffectonanylabourdisputeinprogress

Why:

• YoumustobtainanLMObeforeyoucanhireaTFW.TherearenofeesassociatedwiththeLMOapplication.

• ALabour Market Opinion (LMO) assesses the impact that employment of foreign workers will have on the Canadian labour market, that Canadians and permanent residents have had an opportunity to apply for this position, and that foreign workers will be treated fairly, with the same rights and protections as all Canadian workers.

• MostjobsrequireanLMO,butnotall.TodeterminewhetheryouarerequiredtoapplyforanLMOyoushouldconsult a Citizenship and Immigration Canada (CIC) Temporary Foreign Worker Unit (TFWU). CIC has provided a list of jobs that may not require an LMO, you can find them at: http://www.cic.gc.ca/english/work/apply-who-permit.asp

Who is involved in this step?

• Service Canada, Human Resources and Skills Development Canada

• Citizenship and Immigration Canada – Temporary Foreign Worker Unit

Duration:

• Ittakesapproximately2-6weekstoprocessanLMOapplicationandprovideapositiveornegativeLMO.

Apply for a Labour Market Opinion (LMO)from Service CanadaStep 4

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Actions:

• AssemblethefollowinginformationfortheLMOapplication:

• employerinformation

• Avalidoriginalcertificateofregistration(CoR)issuedbyESD(Note:AnLMOapplicationwhichisnotaccompanied by CoR will not be processed)

• thirdpartyinformation(ifapplicable–Note:AthirdpartyforeignworkerrecruiterattachedtotheLMOmust be licensed under the WRAPA and identified on CoR)

• detailsofjoboffer

• foreignworkerinformation(Step3)

• FilloutbasicLMOapplicationtohireTFW:

• fillouttheLMOapplicationonline,orprint,complete,andmailhardcopy.Tofillapplicationonlinescrolldown to the bottom of the page and look for TFWP Online Application – Regular LMO online application at: http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/fwp_application.shtml

• providealltheinformationrequiredintheonlineapplication.ReviewtheApplicationSummary,iftheinformation is correct, click “I accept”

• press“Yes”ifyouhavereviewedalltheinformationandwouldliketosubmittheapplicationtoServiceCanada

• printandsigntheThankYou(thisincludesyourtrackingnumber)andDeclarationofEmployerpages. Or print the application, complete and sign the application and send it by mail or fax http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/forms/emp5239e.pdf

• mailorfaxalltherequiredsupportingdocuments.Pleasesendyourtrackingnumberandsignatureoneach of the following documents (for online applicants):

a. the Declaration of Employer page (from the online application)

b. theThankYoupage(fromtheonlineapplication)

c. copies of advertisements on Canada Job Bank and/or other proof of recruitment efforts

d. a signed copy of the employment contract (if applicable)

e. a signed copy of the Appointment of Representative form if a third party is acting on your behalf

f. the original certificate of registration from the ESD (Step 2)

g. mail or fax the application to the Manitoba Service Canada Centre: Foreign Worker Unit, Manitoba RegionP.O. Box 2250Station MainWinnipeg, MB R3C 4B4Phone Toll Free: 1(866) 293-9981Fax Toll Free: 1(866) 292-9979

• allsupportingdocumentslistedabovemustbereceivedbyServiceCanadabeforeanLMOwillbeissued

Step 4: Apply for a Labour Market Opinion (LMO) from Service Canada

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• MailorfaxtheapplicationtoadifferentServiceCanadaCentreifhiringLive-in Caregivers, Academics, Medical Doctors, Specialists, or Registered Nurses

http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/listhrcc.shtml

Results:

• YouwillreceivealetterfromHRSDC-ServiceCanadaoutliningwhethertheLMOwaspositiveornegative.

• IftheLMOispositivethenyoucancontactthepotentialemployeesandsendthemtheconfirmationoftheLMO. With a positive LMO the foreign worker can apply to CIC for a work permit. A work permit must be issued before the worker is allowed to work and live in Canada.

• IftheLMOisnegativeyoucanwritetoHRSDC-ServiceCanadaforreassessmentifyouhaveanynewinformation that relates to your application.

Step 4: Apply for a Labour Market Opinion (LMO) from Service Canada

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Reminder:

• TheLMOwillexpireafter6months.

Why:

• AworkpermitisrequiredbyworkerstoenterCanada.

• Thecountryoforiginoftheemployeewilldetermineiftheyrequireavisa to enter Canada.

Who is involved in this step?

• Employee

• Citizenship and Immigration Canada

• Human Resources and Skills Development Canada

• CanadianEmbassy,HighCommissionorConsulateintemporaryforeignworker’shomecountry

Duration:

• Processingtimesvarybasedonwheretheapplicationissubmitted.Alistofapproximatetimescanbefoundat: http://www.cic.gc.ca/english/information/times/index.asp

Actions:

• SendpotentialemployeesacopyofthejobofferandacopyofthepositiveLMOtocompletetheirworkpermit application:

• employeesmustcompletetheworkpermitapplicationfromCICtoreceiveaworkpermit.Theemployeecan find that information at: http://www.cic.gc.ca/english/pdf/kits/forms/IMM1295B.PDF

• applicantsshouldrefertotheGuidefoundat: http://www.cic.gc.ca/english/information/applications/guides/5487ETOC.asp to assist them in completing their application

• employeeshavetosendtheworkpermitapplicationtotheCanadianvisaofficeintheirhomecountry.Youcanfindthatinformationat:http://www.cic.gc.ca/english/information/offices/missions.asp

• informthepotentialemployeesthatthefollowinginformationisrequiredfortheworkpermitapplication:

• passportphotos

• acopyoftheLMOorexemptionletter

• asignedcontractfromemployer,

Temporary Foreign Worker Applies for a Temporary Work Permit and Visa (if applicable)Step 5

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• proofofeducationorworkexperience(ifapplicable)

• theworkpermitapplicationfeeof$150.Itistheemployee’sresponsibilitytopayfortheworkpermit(Please check CIC website to verify any changes in fees)

Results:

• Thepotentialemployeeswillreceiveanapprovalletteroutliningtheireligibilityforatemporaryworkpermitby CIC, naming the employer (company), occupation, location, and duration of employment.

• Theapprovalletterisnotaworkpermit.ThisletteristobesubmittedtoBorderServicesataportofentrytoCanada.

Tips:

• MakesureyourpotentialemployeeshavegatheredtheirimportantdocumentsnecessaryforenteringCanadabefore they leave their country of residence.

• PositiveLMOsexpiresixmonthsaftertheyareissued.Iftheemployeehasnotappliedforaworkpermitwithin this time, the employer must apply for a new LMO.3

• IfyourTFWrequiresanapplicationforatemporaryresidentvisatheycanfindtheapplicationonCICwebsite:http://www.cic.gc.ca/english/information/applications/visa.asp

• Thefeesrequiredforthetemporaryresidentvisais$75forasingleentry,$150formultipleentryvisaor$400forafamily.ChecktheCICwebsiteformoreinformation: http://www.cic.gc.ca/english/visit/apply-how.asp#step3

• Theemployerisresponsibleforreturntransportationcoststoandfromtheemployee’scountryofresidenceto the workplace. The cost of meals and accommodations are the responsibility of the potential employees (For more information see HRSDC link on transportation costs).

Want to know more?

• GuidefortheForeignWorkerpermitapplication–CitizenshipandImmigrationCanada: http://www.cic.gc.ca/english/work/apply-how.asp

3 http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/limitedvalidity.shtml

Step 5: Temporary Foreign Worker Applies for a Temporary Work Permit and Visa (if applicable)

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Reminder:

• SomepersonalandprofessionaldocumentsforenteringCanadamayinclude:passport,birthcertificate,medical records, dental and optical records, driver’s license, proof of credentials, diplomas and degrees, and other additional documents.

• Youareresponsibletopayforthetransportationcoststoandfromtheemployee’scountryofresidencetotheworkplace.

• Onceyouhavereceivedyourcertificateofregistrationandtheforeignworkerhasarrived,youaretoreportback to ESD the following information: name of foreign worker; address and phone number of the foreign worker; the foreign workers job title and the work location (Step 2).

Why:

• Theemployee’sfirstcontactinCanadawillbewithaCanadaBorderServicesAgencyofficerataportofentry.The Canada Border Services officer will make the decision as to whether your potential employees will receive a work permit. Canada Border Services Agency has the right to permit or deny entrance of a foreign worker.

Who is involved in this step?

• Canada Border Services Agency

• Employees

Duration:

• Notapplicable.

Actions:

• Informpotentialemployeesthattheyrequirethefollowingdocuments:

• passport

• signedjoboffer

• authorizationletterapprovingaworkpermit(obtainedinStep5bypotentialemployees)

• Theymayberequiredtopresent:

• acopyofthepositiveLMOoraletterstatingthatthejobofferisexemptfromanLMOorworkpermit(obtained in Step 4 by employer)

• evidenceofcredentials(ifapplicable),

• atemporaryvisa(obtainedinStep5bypotentialemployees)

Temporary Foreign Worker Enters CanadaStep 6

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Results:

• TheworkerissuedworkpermitandentersCanada.

Want to know more?

• Toolforyourforeignworker:GoingtoCanadaPortal–CitizenshipandImmigrationCanada: www.goingtocanada.gc.ca

Step 6: Temporary Foreign Worker Enters Canada

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Why:

• Itisyourresponsibilitytohelpyouremployeeswiththeirsettlementprocessbyprovidingtheminformationabout the community in which they will live, workplace information, and helping them transition to their new workplace.

Who is involved in this step?

• Service Canada

• Manitoba Health

• EconomicDevelopmentOfficers(ifapplicable)

• Localimmigrationservices&organizations(ifapplicable)

Duration:

• Workpermitsvaryinlengthfrom6monthsto2years.

Actions:

• Ensureemployeeshaveasocialinsurancenumber.VisitaServiceCanadaofficetoobtainaSocialInsuranceNumber. Foreign workers are given Social Insurance Numbers that begin with a nine (9).

• Ensureemployeeshaveapplicableworker’sbenefitsandmedicalcoverage.TFWsareeligibleforhealthcoverage from Manitoba Health if they have valid work permits for at least 12 months. Call Manitoba Health for their Manitoba Health Cards. Outside of Winnipeg phone 1-800-392-1207.

• ArrangehousingforyourTFWthatisavailableinthecommunity.

Results:

• TFWwillhaveasuccessfulsettlementandworkexperienceduringtheirtimeinCanada.

Tips:

• Showthemaroundyourcommunity,pointoutplacesofinterest,shopping,religiousbuildings,recreationalfacilities, etc.

• Youmaywanttoholddiversityandinter-culturaltrainingatyourworkplacetoencourageculturalunderstanding at the workplace for both recent and established employees.

Welcome and Settle EmployeesStep 7

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• Manitoba Diversity and Intercultural Training Program has information if you are interested in setting up a training session for your workplace:

PO Box 34001 7KillarneyAvenue Winnipeg, Manitoba R3T 3B1 Phone: 204-688-1524 Email: info@ditmanitoba.ca

Want to know more?

• Culturaldiversityresources:

• DiversityandInterculturalTraining–PreparingforyourTFW’sarrival: www.immigratemantioba.com/asset_library/en/employers/ditp1108.pdf

• MulticulturalReferenceGuide:EtiquetteandReligion: http://www.ornh.mb.ca/docs/multicultural_guide_web.pdf

• CulturalProfilesProject:http://www.cp-pc.ca/english/

• AssistinginyourTFW’ssettlementinManitoba:EnglishatWorkProgram: www.immigratemantioba.com/browse/employers/English/eal-employers-programs.html

• ManitobaHealth:www.gov.mb.ca/health

• ServiceCanada:SocialInsuranceNumber:www.servicecanada.gc.ca/eng/sc/sin/index.shtml

• Housing:www.immigratemanitoba.com/browse/settle/settlement/settle-housing.html

Step 7: Welcome and Settle Employees

Rural Employer Information Pathway for Hiring Temporary Foreign Works in Manitoba 22

Why:

• After6monthsofworkyoumaydecidetokeepyouremployeepermanentlyandhelpthemapplyforpermanent residency.

Who is involved in this process?

• Manitoba Labour and Immigration

• ApplythroughtheProvincialNomineeProgramme

Duration:

• Ifyouandyourworkerareinterestedinmakingthepositionpermanentyoucanhelpyouremployeeapplyforthe Provincial Nominee Program (PNP) through the Employer Direct Stream.

• Employeescanbegintheapplicationprocessafterbeingofferedafull-timepermanentjobandhaveworked6 months.

Action:

• EmployeesapplyingforPNP:sendyouremployeetheManitoba Provincial Nominee Program application kit. This includes a checklist for the Employer Direct priority assessment stream.

Result:

• Employeeswhohaveappliedforpermanentresidencewillreceivetheirpermanentresidencystatusafter 6 months or 2 years, if successful.

Want to know more?

• AreyoueligiblefortheManitobaProvincialNomineeProgram–LIM? http://www2.immigratemanitoba.com/browse/howtoimmigrate/pnp/pnp-eligibility.html

• EmployerDirectStreamfortheMPNP–LIM: http://www2.immigratemanitoba.com/browse/howtoimmigrate/pnp/pnp-employerdirect.html

From Temporary Foreign Workers g Permanent Residents in Manitoba

Rural Employer Information Pathway for Hiring Temporary Foreign Works in Manitoba 23

Confirm Labour Market Shortage: Recruit Canadian Citizens / Permanent Residents

Register Your Business with the Manitoba Employment Standards Division

Recruit Temporary Foreign Workers

Apply for Labour Market Opinion from Service Canada

TFW applies for aTemporary Worker Permit& Visa (if applicable)

TFW enters Canada Welcome &Settle Employees

• ObtainCRApayrollnumber from CRA

• Prepareapositiondescription

• PostpositiononServiceCanada’s Canada Job Bank

• CompleteregistrationforWRAPA

• Ifsuccessful–receiveCertificate of Registration

• Ifnotsuccessful,re-apply

Choose recruitment strategy:

• participatein InternationalLabourMobility Agreements

• useRecruitmentAgency

• recruitonyourown

Assemble information for LMO applciation

• CompleteLMOapplicationform

• Print,signandsendbymail or fax

• Ifsuccessful,receiveapositive LMO

• IfreceivenegativeLMO,providenewinformation and request re-assessment

• Employersendsjoboffer& copy of LMO to TFW

• TFWcompletesworkpermit application from CIC

• Ifsuccessful,TFWreceives approval letter for a Work Permit

TFW must bring:

• passport

• signedjoboffer

• authorizationletterapproving work permit

• acopyofthepositiveLMO

• evidenceofcredentials(ifapplicable)

• temporaryvisa(ifapplicable)

• TFWissuedworkpermit&enters Canada

• ifTFWnoteligibletoenterCanada–senthome

Employer:

• arrangesforhousingforthe TFW

• ensuresTFWappliesforaSocialInsuranceNumberfrom Service Canada

• ensuresTFWappliesfor applicable health coverage from Manitoba Health

Appendix A: Hiring Temporary Foreign Worker Process Flowchart

   Â

Takes a minimumof 2 weeks

Takes approximately1-2weeks

Takesconsiderabletime,duration varies

Takes approximately4-6weeks

Takesconsiderabletime,duration varies

Temporary foreign workpermits vary from

6monthsto2years

CanadaRevenueAgency

ServiceCanada

MB Employment Standards Division

MB Labour&

Immigration

RecruitmentAgency

(Optional)

Service Canada /Human Resources & Skills

Development Canada

Citizenship & Immigration

Canada

CanadaBorder

ServicesAgency

ManitobaHealth

ServiceCanada

CanadaRevenueAgency

EconomicDevelopment

Officers

Rural Employer Information Pathway for Hiring Temporary Foreign Works in Manitoba 24

Step 1: Confirm labour market shortage

• PrepareandpostjobadvertisementonCanadaJobBankforaminimumof14days.

• Prepareadetaileddescriptionofthejobyouareposting.

• DemonstrateeffortstorecruitCanadians/permanentresidentsbyprovidingtheTFWPminimumadvertisement requirements from Service Canada.

• WagesbeingofferedareconsistentwiththeprevailingwageratepaidtoCanadiansinthesameoccupationin the region.

Step 2: Register business with the Manitoba Employment Standards Division

• CompletetheregistrationformfortheWorkerRecruitmentandProtectionAct.

• ClickonlinktoaccessthePDF: http://www.gov.mb.ca/labour/standards/asset_library/forms/wrapa_er_registratiion_app.pdf

• TheWRAPAcertificateexpiresafter6months.

Step 3: Recruit TFWs

• BeginscreeningapplicationsandinterviewingTFWsthatmeetyourworkplaceneeds

• Choosehowtoproceedwithrecruitment:

1. Recruit on your own.

2. Participate in international labour mobility agreements. Government of Manitoba has established relationships with Belgium, France, Germany, Iceland, Mexico, Philippines, and Ukraine.

3. Hire a recruitment agency.

Step 4: Apply for LMO

• YoumustobtainanLMObeforeyoucanhireaTFW.

• AssemblethefollowinginformationfortheLMOapplication:Employerinformation;thirdpartyinformation(ifapplicable); details of job offer; foreign worker information; and entertainment request (if in entertainment industry)

• FillouttheLMOapplicationonline,orprint,complete,andmailhardcopy.Tofillapplicationonlinescrolldown to the bottom of the page and look for TFWP Online Application – Regular LMO online application at: http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/fwp_application.shtml

Appendix B: Summary of Employer Responsibilities

Rural Employer Information Pathway for Hiring Temporary Foreign Works in Manitoba 25

Step 5: Ensure TFW applies for temporary work permit and visa (if applicable)

• SendpotentialemployeesacopyofthejobofferandacopyofthepositiveLMOtocompletetheirworkpermit application.

• Informthepotentialemployeesthatthefollowinginformationisrequiredfortheworkpermitapplication:Passport photos, a copy of the LMO or exemption letter, a signed contract from employer, proof of education orworkexperience(ifapplicable),theworkpermitapplicationfeeof$150,andtemporaryresidentvisa(ifapplicable, depending on country of origin).

Step 6: Help TFW enter Canada

• Theemployerisresponsibleforreturntransportationcoststoandfromtheemployee’scountryofresidenceto the workplace. The cost of meals and accommodations are the responsibility of the potential employees

• Informpotentialemployeestobringthefollowing:Passport,signedjoboffer,andauthorizationletterapproving a work permit (obtained in Step 5 by potential employees).

Appendix B: Summary of Employer Responsibilities